Contents
Acknowledgments / ix Preface / xi Introduction and Summary of Conclusions / 1
Part I: The Legal Standards
Chapter One The Legal Regime Governing the Conduct of Air Warfare / 25 A International Humanitarian Law / 28 B. Military Necessity and the Principle of Humanity / 29 C. U.N. General Assembly Resolution 2444 / 30 D. Customary Law and Protocol I: Civilian Immunity and the Principle of Distinction / 31 E. General Restrictions on Air Warfare / 31 F. Restraints on Attacks: Prohibition of Disproportionate and other Indiscriminate Attacks / 41 G. Precautionary Measures / 49 H. Verification of Military Objectives / 53 I. Collateral Casualties and Damage / 54 J. The Rule of Proportionality / 55 K. Cancellation or Suspension of Attacks / 55 L. Warning Requirement / 56 M. Special Legal Protection / 57 N. Prohibition Against Starvation of the Civilian Population / 57 O. Special Protection for Civilian Defense Shelters / 62
Part II: The Air War Against Iraq
Background: Operation Desert Storm / 69
Chapter Two U.S. Public Statements / 75
Chapter Three The Means and Methods of Attack / 89 A U.S. Public Statements / 90 B. Daytime Bomb and Missile Attacks on Targets in Populated Areas / 95 1. One Hundred Killed in Daytime Attack on Bridge in Southern City / 96 2. Scores of Civilians Killed in Flawed Attack on Bridge in Western Iraq / 97 3. Denials and then Admissions by the Allies about the Attack / 100 4. Scores of Civilians Killed in Daytime Attack on Bridge near Market in Southern City / 102 5. Scores of Workers Killed in Market Area of Southeastern City / 104 6. Morning Bombing Near Crowded Market Area in Basra / 105 7. Daytime Bombing of Bridges in Basra / 107 8. Scores of Civilians, Waiting for Cooking Gas, Killed and Injured During Daytime Attack / 108 9. Civilian Factory in Southern City Bombed in Afternoon; Seven Killed / 109 10. Legal Standards, Conclusions and Unanswered Questions / 110 C. "Smart" Bombs, "Dumb" Bombs, and Inaccurate Attacks on Targets in Civilian Population Centers / 113 D. The Lack of Warning Prior to Attack: The Ameriyya Air Raid Shelter / 128
Chapter Four Objects Attacked: The Need for Full Disclosure and Accountability / 149 A. Target Selection: The Need for Public Disclosure / 154 B. Reports of Attacks on Food, Agricultural and Water-Treatment Facilities / 160 C. The Crippling of the Electrical System / 171 D. Civilian Vehicles on Highways / 193 1. U.S. Public Statements / 195 2. An Inquiry by Middle East Watch / 199 3. Eyewitness Accounts: Attacks on Civilian Vehicles Carrying Evacuees to Jordan / 201 a. Two cars directly hit by diving aircraft: in daytime attack, killing two families / 202 b. 30 killed in attack on bus / 204 c. Cluster bomb falls meters from two cars in dawn attack / 205 d. Strafing of Buses on Highways During Daytime / 206 e. Southern Iraq: 31 Dead in Daytime Attack on Civilian Vehicles / 208 4. Legal Standards and Conclusions / 210 5. Attacks on Jordanian Civilian Oil Tankers / 213 6. Jordan’s Dilemma: Dependence on Imported Oil / 214 7. Civilian Trucker Casualties: Eyewitness Testimony / 219 a. Convoy of Four Tankers Attacked / 219 b. 28-truck convoy hit in nighttime attack / 220 c. One Driver Killed, Others Injured, when Aircraft Machine-gunned Five-truck Convoy / 220 d. Cluster Bomb Dropped at Truck Stop in Afternoon Attack / 221 e. Two Tankers Destroyed at Intersection / 221 f. Cluster Bomb Dropped in Daytime Attack, Two Injured / 222 g. Refrigerator Truck Attacked Near Border / 223 h. Other Accounts of Strafing of Trucks by Allied Aircraft / 224 8. Legal Standards and Conclusions / 224 E. Attacks on Bedouin Tents / 227
Chapter Five The View from the Ground: Eyewitness Accounts of Civilian Casualties and Damage / 231 A. Summary of Findings / 232 B. Baghdad / 245 1. Bombing in the Bataween Quarter: What Were the Targets / 257 2. Cruise Missiles in the Karada and Masbah Quarters: What were the Targets? / 259 3. Destruction of the Central Bank / 262 4. Civilians Killed in Attack on Major Bus Station / 262 5. Five to Six Houses Totally Destroyed in the Working-class Quarter / 263 6. Six Houses in Residential Neighborhood Sustain Direct Hit / 264 7. Commercial Area in Residential Neighborhood bombed; Four Homes Damaged / 265 8. Five Homes Collapse, Killing Family of Six / 266 9. Five Residential Buildings in Vicinity of Doura Oil Refinery completely destroyed / 266 10. Reports of Damage Near Bridges / 268 a. Restaurant Destroyed, Civilians Killed, Near Sarafiya Bridge / 268 b. Five Houses Damaged, Civilians Injured and Killed, Near Sarafiya Bridge / 269 c. Shops and Two Cinemas Damaged near Jumhouriyya Bridge / 271 d. Restaurant Destroyed near Jumhouriyya Bridge / 272 C. Basra / 273 1. Two Missiles Crash into Crowded Market in Daytime Attack / 276 2. Ashshar Market Area in Downtown Basra Sustains Damage from Two Missiles / 276 3. 25 Houses Destroyed in Middle-class Neighborhood During Nighttime Attack; at Least 11 Killed / 278 4. About 60 Homes Damaged in Several Attacks in al-Ma’qil Neighborhood / 279 5. Eight Adobe Houses Destroyed in al-Zubayr / 280 6. Only Hospital in al-Zubayr Destroyed / 281 7. Mosque Damaged / 282 8. Bombs Miss Small Bridge, Hit Hospital / 282 9. Small Bridge Missed Again / 285 10. 50 Homes Damaged, Ten Killed, as Bombs Miss Telecommunications Tower in Daytime Attack / 285 11. Nighttime Bombing of Railroad Station / 286 12. Soda-bottling Plant Destroyed / 287 13. Reports of Attacks on Oil-industry Administrative Buildings / 288 D. Other Cities and Towns in Southern Iraq / 291 1. 20 Houses Destroyed in an Agricultural Village / 291 2. 36 Houses Destroyed or Damaged in Nighttime Attack / 293 3. Three Houses Destroyed in an Agricultural Village / 294 4. Two-story Medical Clinic Destroyed / 294 5. Three Residential Buildings Destroyed / 296 6. Two-story House Destroyed as Bomb Misses Bridge by 500 Meters / 296 7. Bomb Misses Bridge by 500 Meters, Falls in Residential Quarter, Six Killed / 297 8. Bridge Missed Again, One Killed / 298 9. Health Clinic and Several Houses Destroyed in Bombing of Bridges / 299 10. Bomb Misses Telecommunications Tower; at least 20 Killed in Two-story House / 299 11. Telecommunications Tower Missed; 11 Killed When Hotel is Destroyed / 301 12. Civilian Casualties in Bombing of Bus Station in Hilla / 301 13. Civilian Casualties and Damage in Samawa from Cluster Bombs / 302 E. Cities and Towns in Western and Northern Iraq / 304 1. Bomb Hits House in Early Evening, Killing Five / 305 2. Airplane Opens Fire, Killing Members of Wedding Party / 305 3. Bomb Hits House in Midnight Attack, Injured Family of 14 Survives / 306 4. School Completely Destroyed, Hotel Damaged, at least Three Civilians Killed / 307 5. 23 Houses in Agricultural Area Hit with Bombs in Two Separate Attacks, No Survivors / 308 6. Reports from Northern Iraq / 309
Part III: Iraq’s Missile Attacks Against Israel and the Gulf States
Overview / 317
Chapter Six Targets in Israel and the Gulf States: Iraq’s Public Statements / 327
Chapter Seven Means and Methods of Attack and Defense / 335
Chapter Eight Civilian Casualties and Damage: Israel / 347 A The First Attack: Early Morning Hours of January 18 / 352 B. The Second Attack: January 19 / 355 C. The Third and Most Damaging Attack: January 22 / 358 D. No Casualties in the Fourth Attack: January 23 / 361 E. Wide Collateral Damage in the Fifth Attack: January 25 / 362 F. The Sixth Attack on January 26: Varying Figures, Unknown Targets / 366 G. Two Missiles Land in Occupied West Bank: January 28 and January 31 / 368 H. No Casualties or Damage Reported: Attacks on Night of February 2-3 / 370 I. Iraq Claims Another Attack: February 6 / 371 J. Civilian Damage in the Eleventh Attack: February 9 / 372 K. Two Attacks in Rapid Succession: February 11 and February 12 / 373 L. An Apparently Harmless Attack: February 16 / 376 M. The Fifteenth Attack: February 19 / 378 N. Sixteenth Attack: February 23 / 378 O. The Last Missiles: Early Morning Hours of February 25 / 379
Chapter Nine Civilian Casualties and Damage: Saudi Arabia / 385 A. The First Attacks: Dhahran Air Base / 387 B. First Missiles Fired at Riyadh on January 21, 12 Injured / 389 C. Conflicting Information About the Cause of Damage on the Ground / 389 D. The Second Attack on Riyadh, No Civilian Casualties / 392 E. Five Missiles Fired on January 23, No Civilian Casualties Reported / 393 F. First Civilian Killed as Missile Levels Wing of Interior Ministry Building in Riyadh on January 25, 30 Injured / 394 G. The Next Two Attacks: No Reported Casualties or Damage / 396 H. 29 Injured in Riyadh: February 3 / 397 I. No Casualties in February 8 Attack / 397 J. Two Foreign Workers Injured in Riyadh: February 11 / 398 K Four Slightly Injured in Daytime Attack on Haff al-Batin: February 14 / 399
Maps Western and Northern Iraq / 67 Southern Iraq / 68 Disposition of Military Forces at the Commencement of the Ground War / 316 |